SLEE TRANSPORT LTD
V.
OLUWASEGUN & ANOR.
·
G. S. SOWEMIMO, J.S.C. (Delivering the Leading Judgment): The appeal in this case turns on three grounds; whether the Western State Court of Appeal could in the peculiar circumstances of the case substitute its own findings of facts on appeal from a court of first instance; (2) whether it is open to a court of appeal, without taking any fresh or additional evidence and without any new point being canvassed by either side, to decide an appeal on grounds other than those argued before it; and (3) whether it is open to a court of appeal to question the findings of a court of first instance on the grounds that it did not set out "how" and "why" it came to certain conclusions.
The judgement on appeal before this court arose from the decision of the Western State Court of Appeal in Suit No. CAW/80/70 dated 11th march, 1971 by which it set aside the judgement of Ayoola J. in Suit No. 1/127/68 delivered in the High Court holden at Ibadan in the Western State.
The writ of summons and the par…